[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Proposed Rules]
[Pages 30894-30896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13272]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R08-OAR-2011-0340; FRL-9312-3]


Approval and Promulgation of Air Quality Implementation Plans; 
Colorado; Revised Definitions; Construction Permit Program Fee 
Increases; Regulation 3

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve the two State Implementation Plan 
(SIP) revision packages submitted by the State of Colorado on August 1, 
2007. EPA is proposing to approve the August 1, 2007 submittal 
revisions to Regulation 3, Part A, Section I where the State expanded 
on the definition of nitrogen dioxide to include it as a precursor to 
Ozone. EPA is also proposing to approve numerous housekeeping changes 
in the August 1, 2007 submittals. In addition, EPA proposes to take no 
action on several revisions to Colorado's Regulation 3 regarding New 
Source Review, that are contained in this submittal, where previously 
proposed, pending or future actions by EPA have addressed or will 
address these revisions. EPA is also proposing to not act on three 
provisions in the submittal that are not in Colorado's SIP. This action 
is being taken under section 110 of the Clean Air Act (CAA).

DATES: Comments must be received on or before June 27, 2011.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R08-
OAR-2011-0340 by one of the following methods:
     http://www.regulations.gov. Follow the on-line 
instructions for submitting comments.
     E-mail: [email protected].
     Fax: (303) 312-6064 (please alert the individual listed in 
the FOR FURTHER INFORMATION CONTACT if you are faxing comments).
     Mail: Director, Air Program, Environmental Protection 
Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, Denver, 
Colorado 80202-1129.
     Hand Delivery: Director, Air Program, Environmental 
Protection Agency (EPA), Region 8, Mailcode 8P-AR, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. Such deliveries are only accepted Monday 
through Friday, 8 a.m. to 4:30 p.m., excluding Federal holidays. 
Special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-R08-OAR-
2011-0340. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA, without 
going through http://www.regulations.gov your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional instructions on submitting 
comments, go to Section I. General Information of the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the Air Program, 
Environmental Protection Agency (EPA), Region 8, 1595 Wynkoop Street, 
Denver, Colorado 80202-1129. EPA requests that if at all possible, you 
contact the individual listed in the FOR FURTHER INFORMATION CONTACT 
section to view the hard copy of the docket. You may view the hard copy 
of the docket Monday through Friday, 8 a.m. to 4 p.m., excluding 
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mark Komp, Air Program, 1595 Wynkoop 
Street, Mailcode: 8P-AR, Denver, Colorado 80202-1129, (303) 312-6022, 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
II. Background of State's Submittals
III. EPA Analysis of State's Submittals
IV. Consideration of Section 110(l) of the CAA
V. Proposed Action
VI. Statutory and Executive Order Reviews

Definitions

    For the purpose of this document, we are giving meaning to 
certain words or initials as follows:
    (i) The words or initials Act or CAA mean or refer to the Clean 
Air Act, unless the context indicates otherwise.
    (ii) The words EPA, we, us or our mean or refer to the United 
States Environmental Protection Agency.
    (iii) The initials SIP mean or refer to State Implementation 
Plan.
    (iv) The words State or Colorado mean the State of Colorado, 
unless the context indicates otherwise.
    (v) The initials APEN mean or refer to Air Pollutant Emission 
Notice.
    (vi) The initials NSR mean or refer to New Source Review, the 
initials PSD mean or refer to Prevention of Significant 
Deterioration and the initials NAAQS mean or refer to National 
Ambient Air Quality Standards.
    (vii) The initials NO2 mean Nitrogen Dioxide.
    (viii) The initials RACT mean Reasonable Achievable Control 
Technology.

I. General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
http://regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked

[[Page 30895]]

will not be disclosed except in accordance with procedures set forth in 
40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments, 
remember to:
    a. Identify the rulemaking by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    b. Follow directions--The agency may ask you to respond to specific 
questions or organize comments by referencing a Code of Federal 
Regulations (CFR) part or section number.
    c. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    d. Describe any assumptions and provide any technical information 
and/or data that you used.
    e. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    f. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    g. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    h. Make sure to submit your comments by the comment period deadline 
identified.

II. Background of State's Submittals

    The State's August 1, 2007 submittal consisted of two revisions to 
the State's Regulation 3. The first revision was adopted by the State 
on August 17, 2006 and corrected minor issues EPA had identified 
regarding Colorado's New Source Review (NSR) program. The State adopted 
the revisions in order to ensure that the State would continue to have 
federal approval of its NSR program. In the definitions section of 
Regulation 3, Part A, Section I.B.16, Colorado adopted language to 
treat nitrogen dioxide as an ozone precursor. The State added in Part 
A, Section II.C.2.b(ii) under its Air Pollution Emission Notice (APEN) 
requirements that an increase of one ton per year or greater of 
nitrogen oxides emissions from a source with annual actual emissions 
less than one hundred tons and located in an ozone nonattainment area 
constituted a significant change. A significant change meant that a new 
APEN must be submitted to the State.
    In the same revision, Methyl Ethyl Ketone was removed as a 
reportable compound from Appendix B of Regulation 3. The State added T-
Butyl Acetate as a non-criteria reportable pollutant in Regulation 3, 
Appendix B. Minor grammatical revisions were also made throughout the 
revision.
    The second revision adopted on December 14, 2006 contained annual 
emission fee increases in Part A, Section VI.D.1 of Regulation 3. The 
increase in fees is used to pay for the State's increased workload from 
the processing of APENs and permits.

III. EPA Analysis of State's Submittals

    We have evaluated Colorado's August 1, 2007 submittal regarding 
revisions to the State's Regulation 3. We are proposing to approve the 
revisions, except for some specific revisions where we are taking no 
action. We are not acting on specific revisions because of prior 
actions taken by EPA on these revisions.
    In the August 17, 2006 State adopted revision included in the 
August 1, 2007 submittal, the State corrected minor issues EPA had 
identified regarding Colorado's NSR program in order to ensure that the 
State would continue to have federal approval of the State's NSR 
program. EPA has proposed to approve Colorado's NSR program in a 
separate action on December 7, 2005 (70 FR 72744). The changes to 
Colorado NSR program that are part of the August 17, 2006 adopted 
revisions include revisions to Regulation 3, Part D, Sections: 
II.A.26.a.(i); II.A.26.g.(iii); and II.A.40.5. We are not taking action 
on these revisions within the context of today's action rather we will 
act on these revisions in a future action.
    The August 17, 2006 adopted revisions also contains minor 
corrections that we have proposed to approve in a separate action on 
January 25, 2011 (76 FR 4271); therefore, we are not acting on those 
here. These corrections include amendments to Part A. II.C.2.b.(ii) and 
Part A. II.C.3.d.
    Colorado adopted language within Regulation 3, Part A, Section 
I.B.16 to treat nitrogen dioxide as an ozone precursor. EPA proposed a 
separate action regarding approval of the adoptive language on April 
19, 2011 (76 FR 21835). The four changes proposed in our April 2011 
action include changes to the following regulations within Regulation 
3, Part D: II.A.22.a; II.A.24.d, II.A.38.c, and II.A.42.a). However, 
this proposed action is limited to the State's treatment of nitrogen 
dioxide as an ozone precursor as it pertains to PSD. In this action we 
are approving the change in the definition within Part A, Section 
I.B.16. as it pertains to nitrogen dioxide as a precursor to ozone.
    While Colorado's Cover Letter for the August 1, 2007 Submittal A 
identified the specific regulations the State requested that EPA 
approve into the SIP, the regulation compilation included several 
revisions that are not approved as part of the SIP. Therefore, since 
the State did not request action on these non-SIP regulatory changes, 
and they are not provisions that we approve into a SIP, EPA is not 
proposing any action on them. There are three provisions that are not 
in the SIP that we are not acting on. First, changes to Appendix B of 
Regulation 3 where the State removed Methyl Ethyl Ketone as a 
reportable compound. Second, the State added T-Butyl Acetate as a non-
criteria reportable pollutant in Regulation 3, Appendix B. Third, 
changes made to Part C, Concerning Operating Permits (Part C. X.A.5). 
These revisions are not part of the EPA-approved SIP and these 
Appendices are not incorporated by reference into 40 CFR 52.320. Thus, 
because we are obligated to act on Colorado's SIP submission, we plan 
to not act on these revisions as a revision to the SIP.
    Minor grammatical revisions made throughout the revisions are 
proposed for approval. These include revisions to the following 
provisions in Regulation 3, Part A, Section I.B.9.d. Finally, the 
December 14, 2006 revision containing the emission fee increases and 
wording change in Part A, Section VI.D.1 are proposed for approval.

IV. Consideration of Section 110(l) of the CAA

    Section 110(l) of the CAA states that a SIP revision cannot be 
approved if the revision would interfere with any applicable 
requirement concerning attainment and reasonable further progress 
toward attainment of the NAAQS or any other applicable requirement of 
the Act. The Colorado SIP revisions being approved that are the subject 
of this document do not interfere with attainment of the NAAQS or any 
other applicable requirement of the Act. In regard to the August 1, 
2007 submittals, EPA proposes to approve several revisions to the 
State's Regulation Number 3. These portions do not relax the stringency 
of the Colorado SIP since they are housekeeping in nature. Therefore, 
the portions of the revisions proposed for approval satisfy section 
110(l) requirements because they do not relax existing SIP 
requirements.

V. Proposed Action

    In this action we are proposing to approve the change in the 
definition within Part A, Section I.B.16. as it pertains to nitrogen 
dioxide as a precursor to ozone. We are also proposing for approval the 
increase in the amount of the fees charged for pollutant emissions and 
minor wording

[[Page 30896]]

additions as specified in Regulation 3, Part A, Section VI.D.1.
    Minor grammatical revisions made throughout the revisions, as 
identified above, are also being proposed for approval.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP 
submission that complies with the provisions of the Act and applicable 
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in 
reviewing SIP submissions, EPA's role is to approve state choices, 
provided that they meet the criteria of the CAA. Accordingly, this 
action merely approves state law as meeting Federal requirements and 
does not impose additional requirements beyond those imposed by state 
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the CAA; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Incorporation by Reference, Intergovernmental relations, Lead, Nitrogen 
dioxide, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Volatile organic compounds.

    Dated: May 19, 2011.
Carol Rushin,
Acting Regional Administrator, Region 8.
[FR Doc. 2011-13272 Filed 5-26-11; 8:45 am]
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